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PEOPLE v. FINK

18 A.D.2d 220 (1963)

The People of the State of New York, Respondent, v. Arthur Fink, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 29, 1963.

Attorney(s) appearing for the Case

Medwin, Tabner & Carlson (Nathan Medwin and John W. Tabner of counsel), for appellant.

John T. Casey, District Attorney (John E. S. Burke of counsel), for respondent.

GIBSON and TAYLOR, JJ., concur with HERLIHY, J.; BERGAN, P. J., concurs in a separate opinion in which GIBSON, HERLIHY and TAYLOR, JJ., concur; REYNOLDS, J., dissents, in part, and votes to reverse the judgment of conviction and order a new trial.

HERLIHY, J.

This tragic accident occurred about 7:30 P.M. on the night of April 3, 1962 when the defendant, operating his 1957 automobile in a northerly direction on Route 20 between Hampton Manor and the City of Rensselaer, went off the highway on his side of the road and onto the shoulder, where he struck and fatally injured three teenage children who were walking on the shoulder and proceeding in the same...

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